2.2.1 RFP 401kW & Above 12.16.25.pdf
PDF 804 KB Posted
- Attached to
- Generators - 401kW & Above Federal contract opportunity
- Solicitation number
- 70FB7026R00000008
- Issued by
- Federal Emergency Management Agency
About this file
This is a Request for Proposal (RFP) issued by the Federal Emergency Management Agency (FEMA) for an Indefinite Delivery Indefinite Quantity (IDIQ) contract to procure generators and generator sets. The solicitation covers generators ranging from 401kW to >1mW, with both CONUS and OCONUS delivery requirements. The contract will have a base year and two 12-month option years, with delivery to multiple distribution centers including locations in Greencastle, Atlanta, Fort Worth, Tracy, Hawaii, Guam, and the Caribbean.
Key details include a proposal submission deadline of January 13, 2026, with questions due by December 30, 2025. The award will be made on a best value-tradeoff basis, with technical factors (technical specifications and delivery approach) being more important than price. The contract will be set aside for small businesses, with a guaranteed minimum of $540,000. Offerors must complete detailed vendor specification attachments, provide past performance information, and submit pricing schedules. Evaluation will focus on technical merit, delivery capabilities, past performance, and price, with the government potentially awarding a single IDIQ contract to the most advantageous offeror.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| 2.4.1 Amendment 0001_Generators 401kW and Above_Questions Govt Responses.pdf | ||
| 2.4.1 Amendment 0001_70FB7026R00000008_401kW and Above.pdf | ||
| 2.2.1 Attachment 3_Generator Specifications 401kW Above.xlsx | XLSX spreadsheet | |
| 2.2.1 Attachment 4_Vendor Specifications 401kW Above FILL IN.xlsx | XLSX spreadsheet | |
| 2.2.1 Attachment 2_ SOW Generator Above IDIQ 12.5.2025.pdf | ||
| 2.2.1 Attachment 5 Past Performance Questionnaire (PPQ) (002).pdf | ||
| 2.2.1 Attachment 1_Generators 401kW & Above - PRICING - FILL IN.xlsx | XLSX spreadsheet |
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Text version
SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
CODE 16. ADMINISTERED BYCODE
X
X
X
335312
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED OR70FB70
REQUEST FOR
PROPOSAL
(RFP)
INVITATION
FOR BID (IFB)
10. THIS ACQUISITION ISCODE
REQUEST FOR
QUOTE (RFQ)
14. METHOD OF SOLICITATION
13b. RATING
NORTH AMERICAN INDUSTRY
CLASSIFICATION STANDARD
(NAICS):
SMALL BUSINESS
12/16/2025
Danielle Sweetney (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME
01/13/2026 1200 EST
b. TELEPHONE NUMBERa. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION 5. SOLICITATION NUMBER
70FB7026R00000008
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 68 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
Multiple Destinations
15. DELIVER TO
WASHINGTON DC 20472
3RD FLOOR
500 C STREET SW
FEDERAL EMERGENCY MANAGEMENT AGENCY
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
1,000
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FREE ON BOARD
(FOB) DESTINATION UNLESS
BLOCK IS MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS THIS CONTRACT IS A RATED
ORDER UNDER THE DEFENSE
PRIORITIES AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
8(A)
FEMA-INCIDENT SUPPORT SECTION
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
The purpose of this solicitation is to establish an Indefinite Delivery Indefinite Quantity (IDIQ) contract to procure Generators and Generator Sets in accordance with the Statement of Work.
Be advised, funds are not presently available for this contract. The Government’s obligation under this request is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Government Use Only)
OFFER
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT: REFERENCE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 11/2021) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
arise until funds are made available to the
Contracting Officer for task orders and until the
Contractor receives notice of such availability to be confirmed in writing by the Contracting
Officer.
0001 Generator 500kW (401-704kW) CONUS & OCONUS 28 EA
CHASSIS MOUNTED
Product/Service Code: 6115
Period of Performance: 02/21/2026 to 02/20/2027
0002 Shipping / Generator 500kW - DC Greencastle 4 EA
Product/Service Code: 6115
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
68 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 68
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70FB7026R00000008
Period of Performance: 02/21/2026 to 02/20/2027
0003 Shipping / Generator 500kW - DC Atlanta 4 EA
Product/Service Code: 6115
Period of Performance: 02/21/2026 to 02/20/2027
0004 Shipping / Generator 500kW - DC Fort Worth 4 EA
Product/Service Code: 6115
Period of Performance: 02/21/2026 to 02/20/2027
0005 Shipping / Generator 500kW - DC Tracy 4 EA
Product/Service Code: 6115
Period of Performance: 02/21/2026 to 02/20/2027
0006 Shipping / Generator 500kW - DC Hawaii 4 EA
CHASSIS MOUNTED
Product/Service Code: 6115
Period of Performance: 02/21/2026 to 02/20/2027
0007 Shipping / Generator 500kW - DC Guam 4 EA
CHASSIS MOUNTED
Product/Service Code: 6115
Period of Performance: 02/21/2026 to 02/20/2027
0008 Shipping / Generator 500kW - Carribean 4 EA
CHASSIS MOUNTED
Product/Service Code: 6115
Period of Performance: 02/21/2026 to 02/20/2027
0009 Generator 500kW (401 - 704kW) 12 EA
OCONUS SKID MOUNTED
Product/Service Code: 6115
Period of Performance: 02/21/2026 to 02/20/2027
0010 Shipping / Generator 500kW - DC Hawaii 4 EA
SKID MOUNTED
Product/Service Code: 6115
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
4 68
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70FB7026R00000008
Period of Performance: 02/21/2026 to 02/20/2027
0011 Shipping / Generator 500kW - DC Guam 4 EA
SKID MOUNTED
Product/Service Code: 6115
Period of Performance: 02/21/2026 to 02/20/2027
0012 Shipping / Generator 500kW - Caribbean 4 EA
SKID MOUNTED
Product/Service Code: 6115
Period of Performance: 02/21/2026 to 02/20/2027
0013 Generator 1mW (705kW - >1mW) 14 EA
Product/Service Code: 6115
Period of Performance: 02/21/2026 to 02/20/2027
0014 Shipping / Generator 1mW - DC Greencastle 2 EA
Product/Service Code: 6115
Period of Performance: 02/21/2026 to 02/20/2027
0015 Shipping / Generator 1mW - DC Atlanta 2 EA
Product/Service Code: 6115
Period of Performance: 02/21/2026 to 02/20/2027
0016 Shipping / Generator 1mW - DC Fort Worth 2 EA
Product/Service Code: 6115
Period of Performance: 02/21/2026 to 02/20/2027
0017 Shipping / Generator 1mW - DC Tracy 2 EA
Product/Service Code: 6115
Period of Performance: 02/21/2026 to 02/20/2027
0018 Shipping / Generator 1mW - DC Hawaii 2 EA
Product/Service Code: 6115
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
5 68
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70FB7026R00000008
Period of Performance: 02/21/2026 to 02/20/2027
0019 Shipping / Generator 1mW - DC Guam 2 EA
Product/Service Code: 6115
Period of Performance: 02/21/2026 to 02/20/2027
0020 Shipping / Generator 1mW - Caribbean 2 EA
Product/Service Code: 6115
Period of Performance: 02/21/2026 to 02/20/2027
0021 On Site Training - DC Greencastle 1 EA
Product/Service Code: 6115
Period of Performance: 02/21/2026 to 02/20/2027
0022 On Site Training - DC Atlanta 1 EA
Product/Service Code: 6115
Period of Performance: 02/21/2026 to 02/20/2027
0023 On Site Training - DC Fort Worth 1 EA
Product/Service Code: 6115
Period of Performance: 02/21/2026 to 02/20/2027
0024 On Site Training - DC Tracy 1 EA
Product/Service Code: 6115
Period of Performance: 02/21/2026 to 02/20/2027
0025 On Site Training - DC Hawaii (OCONUS) 1 EA
Product/Service Code: 6115
Period of Performance: 02/21/2026 to 02/20/2027
0026 On Site Training - DC Guam (OCONUS) 1 EA
Product/Service Code: 6115
Period of Performance: 02/21/2026 to 02/20/2027
0027 On Site Training - Caribbean (OCONUS) 1 EA
Product/Service Code: 6115
Period of Performance: 02/21/2026 to 02/20/2027
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
6 68
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70FB7026R00000008
1001 OY 1: Generator 500kW (401-704kW) 28 EA
CONUS & OCONUS CHASSIS MOUNTED
(Option Line Item)
Date Option to be Exercised 02/21/2027
Product/Service Code: 6115
Period of Performance: 02/21/2027 to 02/20/2028
1002 OY 1: Shipping / Generator 500kW - DC Greencastle 4 EA
(Option Line Item)
Date Option to be Exercised 02/21/2027
Product/Service Code: 6115
Period of Performance: 02/21/2027 to 02/20/2028
1003 OY 1: Shipping / Generator 500kW - DC Atlanta 4 EA
(Option Line Item)
Date Option to be Exercised 02/21/2027
Product/Service Code: 6115
Period of Performance: 02/21/2027 to 02/20/2028
1004 OY 1: Shipping / Generator 500kW - DC Fort Worth 4 EA
(Option Line Item)
Date Option to be Exercised 02/21/2027
Product/Service Code: 6115
Period of Performance: 02/21/2027 to 02/20/2028
1005 OY 1: Shipping / Generator 500kW - DC Tracy 4 EA
(Option Line Item)
Date Option to be Exercised 02/21/2027
Product/Service Code: 6115
Period of Performance: 02/21/2027 to 02/20/2028
1006 OY 1: Shipping / Generator 500kW - DC Hawaii 4 EA
CHASSIS MOUNTED
(Option Line Item)
Date Option to be Exercised 02/21/2027
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
7 68
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70FB7026R00000008
Product/Service Code: 6115
Period of Performance: 02/21/2027 to 02/20/2028
1007 OY 1: Shipping / Generator 500kW - DC Guam 4 EA
CHASSIS MOUNTED
(Option Line Item)
Date Option to be Exercised 02/21/2027
Product/Service Code: 6115
Period of Performance: 02/21/2027 to 02/20/2028
1008 OY 1: Shipping / Generator 500kW - Caribbean 4 EA
CHASSIS MOUNTED
(Option Line Item)
Date Option to be Exercised 02/21/2027
Product/Service Code: 6115
Period of Performance: 02/21/2027 to 02/20/2028
1009 OY1: Generator 500kW (401-704kW) 12 EA
OCONUS SKID MOUTNED
(Option Line Item)
Date Option to be Exercised 02/21/2027
Product/Service Code: 6115
Period of Performance: 02/21/2027 to 02/20/2028
1010 OY 1: Shipping / Generator 500kW - DC Hawaii 4 EA
SKID MOUNTED
(Option Line Item)
Date Option to be Exercised 02/21/2027
Product/Service Code: 6115
Period of Performance: 02/21/2027 to 02/20/2028
1011 OY 1: Shipping / Generator 500kW - DC Guam 4 EA
SKID MOUNTED
(Option Line Item)
Date Option to be Exercised 02/21/2027
Product/Service Code: 6115
Period of Performance: 02/21/2027 to 02/20/2028
1012 OY 1: Shipping / Generator 500kW - Caribbean 4 EA
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
8 68
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70FB7026R00000008
SKID MOUNTED
(Option Line Item)
Date Option to be Exercised 02/21/2027
Product/Service Code: 6115
Period of Performance: 02/21/2027 to 02/20/2028
1013 OY 1: Generator 1mW (705kW - >1mW) 14 EA
(Option Line Item)
Date Option to be Exercised 02/21/2027
Product/Service Code: 6115
Period of Performance: 02/21/2027 to 02/20/2028
1014 OY 1: Shipping / Generator 1mW - DC Greencastle 2 EA
(Option Line Item)
Date Option to be Exercised 02/21/2027
Product/Service Code: 6115
Period of Performance: 02/21/2027 to 02/20/2028
1015 OY 1: Shipping / Generator 1mW - DC Atlanta 2 EA
(Option Line Item)
Date Option to be Exercised 02/21/2027
Product/Service Code: 6115
Period of Performance: 02/21/2027 to 02/20/2028
1016 OY 1: Shipping / Generator 1mW - DC Fort Worth 2 EA
(Option Line Item)
Date Option to be Exercised 02/21/2027
Product/Service Code: 6115
Period of Performance: 02/21/2027 to 02/20/2028
1017 OY 1: Shipping / Generator 1mW - DC Tracy 2 EA
(Option Line Item)
Date Option to be Exercised 02/21/2027
Product/Service Code: 6115
Period of Performance: 02/21/2027 to 02/20/2028
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
9 68
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70FB7026R00000008
1018 OY 1: Shipping / Generator 1mW - DC Hawaii 2 EA
(Option Line Item)
Date Option to be Exercised 02/21/2027
Product/Service Code: 6115
Period of Performance: 02/21/2027 to 02/20/2028
1019 OY 1: Shipping / Generator 1mW - DC Guam 2 EA
(Option Line Item)
Date Option to be Exercised 02/21/2027
Product/Service Code: 6115
Period of Performance: 02/21/2027 to 02/20/2028
1020 OY 1: Shipping / Generator 1mW - Caribbean 2 EA
(Option Line Item)
Date Option to be Exercised 02/21/2027
Product/Service Code: 6115
Period of Performance: 02/21/2027 to 02/20/2028
1021 OY 1: On Site Training - DC Greencastle 1 EA
(Option Line Item)
Date Option to be Exercised 02/21/2027
Product/Service Code: 6115
Period of Performance: 02/21/2027 to 02/20/2028
1022 OY 1: On Site Training - DC Atlanta 1 EA
(Option Line Item)
Date Option to be Exercised 02/21/2027
Product/Service Code: 6115
Period of Performance: 02/21/2027 to 02/20/2028
1023 OY 1: On Site Training - DC Fort Worth 1 EA
(Option Line Item)
Date Option to be Exercised 02/21/2027
Product/Service Code: 6115
Period of Performance: 02/21/2027 to 02/20/2028
1024 OY 1: On Site Training - DC Tracy 1 EA
(Option Line Item)
Date Option to be Exercised 02/21/2027
Product/Service Code: 6115
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
10 68
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70FB7026R00000008
Period of Performance: 02/21/2027 to 02/20/2028
1025 OY 1: On Site Training - DC Hawaii 1 EA
(Option Line Item)
Date Option to be Exercised 02/21/2027
Product/Service Code: 6115
Period of Performance: 02/21/2027 to 02/20/2028
1026 OY 1: On Site Training - DC Guam 1 EA
(Option Line Item)
Date Option to be Exercised 02/21/2027
Product/Service Code: 6115
Period of Performance: 02/21/2027 to 02/20/2028
1027 OY 1: On Site Training - Caribbean 1 EA
(Option Line Item)
Date Option to be Exercised 02/21/2027
Product/Service Code: 6115
Period of Performance: 02/21/2027 to 02/20/2028
2001 OY 2: Generator 500kW (401 - 704kW) 28 EA
CONUS & OCONUS CHASSIS MOUNTED
(Option Line Item)
Date Option to be Exercised 02/21/2028
Product/Service Code: 6115
Period of Performance: 02/21/2028 to 02/20/2029
2002 OY 2: Shipping / Generator 500kW - DC Greencastle 4 EA
(Option Line Item)
Date Option to be Exercised 02/21/2028
Product/Service Code: 6115
Period of Performance: 02/21/2028 to 02/20/2029
2003 OY 2: Shipping / Generator 500kW - DC Atlanta 4 EA
(Option Line Item)
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
11 68
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70FB7026R00000008
Date Option to be Exercised 02/21/2028
Product/Service Code: 6115
Period of Performance: 02/21/2028 to 02/20/2029
2004 OY 2: Shipping / Generator 500kW - DC Fort Worth 4 EA
(Option Line Item)
Date Option to be Exercised 02/21/2028
Product/Service Code: 6115
Period of Performance: 02/21/2028 to 02/20/2029
2005 OY 2: Shipping / Generator 500kW - DC Tracy 4 EA
(Option Line Item)
Date Option to be Exercised 02/21/2028
Product/Service Code: 6115
Period of Performance: 02/21/2028 to 02/20/2029
2006 OY 2: Shipping / Generator 500kW - DC Hawaii 4 EA
CHASSIS MOUNTED
(Option Line Item)
Date Option to be Exercised 02/21/2028
Product/Service Code: 6115
Period of Performance: 02/21/2028 to 02/20/2029
2007 OY 2: Shipping / Generator 500kW - DC Guam 4 EA
CHASSIS MOUTNED
(Option Line Item)
Date Option to be Exercised 02/21/2028
Product/Service Code: 6115
Period of Performance: 02/21/2028 to 02/20/2029
2008 OY 2: Shipping / Generator 500kW - Caribbean 4 EA
CHASSIS MOUNTED
(Option Line Item)
Date Option to be Exercised 02/21/2028
Product/Service Code: 6115
Period of Performance: 02/21/2028 to 02/20/2029
2009 OY 2: Generator 500kW (401kW - 704kW): 12 EA
OCONUS SKID MOUNTED
(Option Line Item)
Date Option to be Exercised 02/21/2028
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
12 68
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70FB7026R00000008
Product/Service Code: 6115
Period of Performance: 02/21/2028 to 02/20/2029
2010 OY 2: Shipping / Generator 500kW - DC Hawaii 4 EA
SKID MOUNTED
(Option Line Item)
Date Option to be Exercised 02/21/2028
Product/Service Code: 6115
Period of Performance: 02/21/2028 to 02/20/2029
2011 OY 2: Shipping / Generator 500kW - DC Guam 4 EA
SKID MOUNTED
(Option Line Item)
Date Option to be Exercised 02/21/2028
Product/Service Code: 6115
Period of Performance: 02/21/2028 to 02/20/2029
2012 OY 2: Shipping / Generator 500kW - Caribbean 4 EA
SKID MOUNTED
(Option Line Item)
Date Option to be Exercised 02/21/2028
Product/Service Code: 6115
Period of Performance: 02/21/2028 to 02/20/2029
2013 OY 2: Generator 1mW (705kW - >1mW) 14 EA
(Option Line Item)
Date Option to be Exercised
Product/Service Code: 6115
Period of Performance: 02/21/2028 to 02/20/2029
2014 OY 2: Shipping / Generator 1mW - DC Greencastle 2 EA
(Option Line Item)
Date Option to be Exercised
Product/Service Code: 6115
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
13 68
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70FB7026R00000008
Period of Performance: 02/21/2028 to 02/20/2029
2015 OY 2: Shipping / Generator 1mW - DC Atlanta 2 EA
(Option Line Item)
Date Option to be Exercised
Product/Service Code: 6115
Period of Performance: 02/21/2028 to 02/20/2029
2016 OY 2: Shipping / Generator 1mW - DC Fort Worth 2 EA
(Option Line Item)
Date Option to be Exercised
Product/Service Code: 6115
Period of Performance: 02/21/2028 to 02/20/2029
2017 OY 2: Shipping / Generator 1mW - DC Tracy 2 EA
(Option Line Item)
Date Option to be Exercised
Product/Service Code: 6115
Period of Performance: 02/21/2028 to 02/20/2029
2018 OY 2: Shipping / Generator 1mW - DC Hawaii 2 EA
(Option Line Item)
Date Option to be Exercised
Product/Service Code: 6115
Period of Performance: 02/21/2028 to 02/20/2029
2019 OY 2: Shipping / Generator 1mW - DC Guam 2 EA
(Option Line Item)
Date Option to be Exercised
Product/Service Code: 6115
Period of Performance: 02/21/2028 to 02/20/2029
2020 OY 2: Shipping / Generator 1mW - Caribbean 2 EA
(Option Line Item)
Date Option to be Exercised
Product/Service Code: 6115
Period of Performance: 02/21/2028 to 02/20/2029
2021 OY 2: On Site Training - DC Greencastle 1 EA
(Option Line Item)
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
14 68
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70FB7026R00000008
Date Option to be Exercised
Product/Service Code: 6115
Period of Performance: 02/21/2028 to 02/20/2029
2022 OY 2: On Site Training - DC Atlanta 1 EA
(Option Line Item)
Date Option to be Exercised
Product/Service Code: 6115
Period of Performance: 02/21/2028 to 02/20/2029
2023 OY 2: On Site Training - DC Fort Worth 1 EA
(Option Line Item)
Date Option to be Exercised
Product/Service Code: 6115
Period of Performance: 02/21/2028 to 02/20/2029
2024 OY 2: On Site Training - DC Tracy 1 EA
(Option Line Item)
Date Option to be Exercised
Product/Service Code: 6115
Period of Performance: 02/21/2028 to 02/20/2029
2025 OY 2: On Site Training - DC Hawaii 1 EA
(Option Line Item)
Date Option to be Exercised
Product/Service Code: 6115
Period of Performance: 02/21/2028 to 02/20/2029
2026 OY 2: On Site Training - DC Guam 1 EA
(Option Line Item)
Date Option to be Exercised
Product/Service Code: 6115
Period of Performance: 02/21/2028 to 02/20/2029
2027 OY 2: On Site Training - Caribbean 1 EA
(Option Line Item)
Date Option to be Exercised 02/21/2028
Product/Service Code: 6115
Period of Performance: 02/21/2028 to 02/20/2029
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
SECTION B – SUPPLIES, SERVICES, AND PRICES
Block 17a: Contractor shall include UEI Number
Block 17b: Remittance Address: Payment shall be made to the Financial Institution listed in
System for Award Management (SAM.gov).
Block 25: Accounting And Appropriation Data: To be included on the Task Order
B.1 ITEMS TO BE ACQUIRED
Generators and Generator Sets (and external tanks if applicable) to support Disaster Relief
Operation.
The contractor shall provide generators with necessary fuel tanks and fuel lines (with proper connections and appurtenances as identified in the generator specifications, minimum and maximum kW range for each size, listed in Attachment 3 – Generator Specifications. Generators are classified into the category of 401kW and above. Within each classification, there are sub-classifications which indicate the required ranges as specified in Attachment 3 – Generator
Specifications.
B.2 PRICE SCHEDULE
Offerors shall provide a detailed breakdown for each contract line-item numbers (CLINs) listed above. Contractor must use Attachment 1. If Attachment 1 is not utilized, the proposal is deemed
UNACCEPTABLE.
B.3 MINIMUM AND MAXIMUM FUNDING FOR MULTIPLE AWARD CONTRACTS
As referred to in paragraph (b) of FAR Clause 52.216-22, “Indefinite Quantity” of this contract, the guaranteed contract minimum to be purchased under this IDIQ contract to include the base and option periods is *$540,000.00. The contract’s ceiling is to be determined at time of award.
*Note: The guaranteed contract minimum amount is an estimate. The final guaranteed minimum amount will be the proposed amount of the smallest generator, plus shipping and training. This value will be determined at contract award.
With respect to the maximum amount of supplies or services, the total amount of supplies or services ordered under this contract shall not exceed the total productive capacity of all vendors under this contract.
B.4 CONTRACT TYPE
The Department Homeland Security (DHS) - Federal Emergency Management Agency (FEMA) intends to award a single award Indefinite Delivery-Indefinite Quantity (IDIQ) contract with Firm-
Fixed-Price (FFP) Contract Line Items (CLINs).
B.5 IDENTIFICATION OF GOVERNMENT OFFICIALS
The Government Officials assigned to this contract are as follows:
Contracting Officer:
Name: Oneko Dunbar
Email: Oneko.Dundar@fema.dhs.gov
Contract Specialist:
Name: Danielle Sweetney
Email: Danielle.Sweetney@fema.dhs.gov
Contracting Officer Representative (COR)
Name: TBD
Phone:
Email:
B.6 PERIOD OF PERFORMANCE
The IDIQ Contract’s performance period will consist of one (1) Base year and two (2) 12-month option years.
CONTRACT YEAR PERIOD OF PERFORMANCE
Base Year 02/21/2026 – 02/20/2027
Option Year I 02/21/2027 – 02/20/2028
Option Year II 02/21/2028 – 02/20/2029
Note: The Delivery Order’s period of performance will be determined during the solicitation process and issuance of each Delivery Order.
B.7 PLACE OF PERFORMANCE
The Government will require delivery to the below Distribution Centers. Specific delivery location will be identified at the Delivery Order level, specifics to be identified within the Delivery Order’s solicitation process.
Distribution Center Address City/State Zip Code
DC Greencastle
(CONUS)
12316 Molly Pitcher Hwy Greencastle, PA 17225
DC Atlanta (CONUS) 3780 Southside Industrial
Parkway
Atlanta, GA 30354
DC Fort Worth 501 W. Felix Street Fort Worth, TX 76115
DC Tracy (CONUS) 1547 E. Grant Line Tracy, CA 94035 mailto:Oneko.Dundar@fema.dhs.gov mailto:Danielle.Sweetney@fema.dhs.gov
DC Hawaii
(OCONUS)
99-1269 Iwena Steet Aiea, HI 96701
DC Guam
(OCONUS)
Bldg. 100 Barrigada, GU 96913
DC San Juan
(OCONUS) (Ponce, PR)
1000 Carr 506 Coto Laurel, PR 00780
Hours of Performance: Work hours depend on local business practices and time zones. The vendor shall schedule all delivery activities with the appropriate delivery point of contact after award (to be provided after award by Project Officer).
B.8 FEDERAL HOLIDAYS
Unless specifically authorized in writing by the Contracting Officer, no services will be provided, and no charges will be incurred and/or billed to any order on this contract on any of the Federal
Holidays listed below:
❖ New Year’s Day – January 1st
❖ Martin Luther King’s Birthday – 3rd Monday in January
❖ Washington’s Day – 3rd Monday in February
❖ Memorial Day – Last Monday in May
❖ Juneteenth National Independence Day – June 19th
❖ Independence Day – July 4th
❖ Labor Day – 1st Monday in September
❖ Columbus Day – 2nd Monday in October
❖ Veterans Day – November 11th
❖ Thanksgiving Day – 4th Thursday in November
❖ Christmas Day – December 25th
B.9 BILLING INSTRUCTIONS
Contractors will use Standard Form 1034 (Public Voucher for Purchases and Services Other Than
Personal) located at http://www.gsa.gov/portal/forms/type/SF when submitting a payment request.
A payment request means any invoice or request for contract financing payment requesting reimbursement for supplies or services rendered. The Contractor shall not be paid more frequently than on a monthly basis.
Contractors must submit vouchers electronically in pdf format to the FEMA Finance Center at fema-finance-vendor-payments@fema.gov. A copy of the voucher must be submitted electronically to the contracting officer identified within this contract. The submission of vouchers electronically will reduce correspondence and other causes for delay to a minimum and will facilitate prompt payment to the Contractor. Paper vouchers mailed to the finance center will not http://www.gsa.gov/portal/forms/type/SF mailto:fema-finance-vendor-payments@fema.gov be processed for payment. If the Contractor is unable to submit a payment request in electronic form, the contractor shall submit the payment request using a method mutually agreed to by the
Contractor, the Contracting Officer, and the payment office.
B.10 INVOICE INSTRUCTIONS
The contractor shall submit a monthly invoice upon delivery and acceptance of all supplies or services as specified in the Section B clause, “Consideration and Payment”. Invoices shall be submitted as follows:
Contractors will use Standard Form 1034 (Public Voucher for Purchases and Services
Other Than Personal) and SF 1035 Continuation sheet when requesting payment for supplies or services rendered. The voucher must provide a description of the supplies or services, by line item (if applicable), quantity, unit price, and total amount. The item description, unit of measure, and unit price must match those specified in the contract.
Invoices that do not match the line item pricing in the contract will be considered improper and will be returned to the Contractor.
SF 1034 and 1035 instructions: SF 1034--Fixed Price
The information which a contractor is required to submit in its Standard Form 1034 is set forth as follows:
(1) U.S. Department, Bureau, or establishment and location insert the names and address of the servicing finance office unless the contract specifically provides otherwise.
(2) Date Voucher Prepared - insert date on which the public voucher is prepared and submitted.
(3) Contract/Delivery Order Number and Date - insert the number and date of the contract and delivery order, if applicable, under which reimbursement is claimed.
(4) Requisition Number and Date - leave blank.
(5) Voucher Number - insert the appropriate serial number of the voucher. A separate series of consecutive numbers, beginning with Number 1, shall be used by the contractor for each new contract. When an original voucher was submitted, but not paid in full because of suspended costs, resubmission vouchers should be submitted in a separate invoice showing the original voucher number and designated with the letter
"R" as the last character of the number. If there is more than one resubmission, use the appropriate suffix (R2, R3, etc.) The last voucher of every contract or delivery order should be marked with the next sequential number, with the words "FINAL" (e.g.
Invoice No. 1234-FINAL).
(6) Schedule Number; Paid By; Date Invoice Received - leave blank.
(7) Discount Terms - enter terms of discount, if applicable.
(8) Payee's Account Number - this space may be used by the contractor to record the account or job number(s) assigned to the contract or may be left blank.
(9) Payee's Name and Address - show the name of the contractor exactly as it appears in the contract and its correct address, except when an assignment has been made by the contractor, or the right to receive payment has been restricted, as in the case of an advance account. When the right to receive payment is restricted, the type of information to be shown in this space shall be furnished by the Contracting Officer.
(10) Shipped From; To; Weight Government B/L Number - insert for supply contracts.
(11) Date of Delivery or Service - show the month, day and year, beginning and ending dates of supplies or services delivered.
(12) Articles and Services - insert the following: "For detail, see Standard Form 1035 total amount claimed transferred from Page ___ of Standard Form 1035." Type the following certification, signed by an authorized official, on the face of the Standard
Form 1034.
"I certify that all payments requested are for appropriate purposes and in accordance with the agreements set forth in the contract."
(Name of Official) (Title)
(13) Quantity; Unit Price - insert for supply contracts.
(14) Amount - insert the amount claimed for the period indicated in (11) above. This amount should be transferred from the total per the SF 1035 Continuation Sheet.
B.11 DEFECTIVE OR IMPROPER INVOICE (JUNE 2014)
Name, title, phone number, and email of officials of the business concern who are to be notifies when the Government received an improper invoice.
VENDOR’S NAME:
EMAIL ADDRESS:
PHONE NUMBER:
B.12 INVOICE APPROVAL (JUNE 2014)
The following FEMA individual (in addition to the Contracting Officer) is hereby delegated authority to accept goods and services and to review and approve invoices for this contract.
Authorized Invoice Approver:
Contracting Officer’s Representative
Name: TBD
Phone:
Email:
B.13 DELIVERY ORDER
All delivery orders will be initiated by the Contracting Officer via a request for proposal to all contract holders with specific information and instructions for the requirement. The Contractor shall be required to perform the services per the written Delivery Order. The Delivery Order proposal request is not a commitment that FMEA will issue a Delivery Order, nor will any
Contractor incurred proposal cost become reimbursable. In addition, the Contractor shall not initiate any performance efforts until a writer Delivery Order has been issues by the Contracting
Officer.
B.14 DELIVERY ORDER PROCEDURES
This requirement will be in accordance with FAR 16.505, fair opportunity ordering procedures.
Each Delivery Order requested under this IDIQ will follow the steps below:
❖ Step 1: The Program Office will submit the following documents to the Contracting Officer to include but not limited to the statement of work, pricing schedule, period of performance, and place of performance.
❖ Step 2: The Contracting Officer/Contract Specialist (CO/CS) will issue Delivery Order
Proposal Requests (DOPR) with the statement of work and pricing schedule to all IDIQ holders.
❖ Step 3: Proposal Evaluation – The contractor must submit its technical and price proposals to CO and CS only. The CO/CS receives and evaluates the proposal for conformity to the
DOPR. Technical evaluations are conducted by the technical evaluation teams. Cost/price evaluations will be conducted by the price analysis team. Negotiations may take place, if needed.
❖ Step 4: Contracting Officer/Contract Specialist issues Delivery Order to the most highly qualified offeror with which a fair and reasonable price agreement is reached. Proper approvals, including legal and congressional approval, should be made prior to Delivery
Order award when appropriate for the dollar value of the Delivery Order.
B.15 DELIVERY ORDER ISSUANCE
FEMA reserved the right to identify deliverables to individual Delivery Orders. As such is the case, the COR will review for completeness, preliminary, draft and final documentation that the
Contractor submits, and may return it to the contractor for correction. Absence of any comments by the COR will not relieve the contractor of the responsibility for complying with the requirements of this Statement of Work. Final approval and acceptance of documentation required herein shall be by letter of approval and acceptance by the COR.
The contractor shall not construe any letter of acknowledgement of receipts material as a waiver of review, or as an acknowledgement that the material is in conformance with this statement of work.
Any approval given during preparation of the documentation, or approval for shipment shall not guarantee the final acceptance of the completed documentation.
In general, all contract deliverables shall meet the following quality standards:
❖ Accuracy: Work products shall be accurate in presentation, technical content, and adherence to accepted elements of style.
❖ Consistency to Requirements: All work products must satisfy the requirement of this statement of work.
❖ Timeliness: Work Products shall be submitted on or before the due date specified in this statement of work or submitted in accordance with a later scheduled date determined by the
COR.
B.16 DELIVERY MONITORS
Delivery Monitors are responsible for individual project management and/or delivery assignment administration. This may involve daily oversight to ensure work is performed in accordance with the delivery order request(s) and provide any other necessary technical guidance to the contractor.
A Delivery Monitor does not have authority to request or authorize work to be performed outside the scope of the delivery order. Each Delivery Monitor works in conjunction with the COR, however, if any discrepancies exist between the direction given by a COR and a Delivery Monitor to the Contractor, the COR’s direction shall take precedence. If the Contractor is unclear as to the direction provided by a Delivery Monitor or believes the direction to be out of scope, the
Contractor shall contact either the COR or the Contracting Officer as appropriate.
B.17 MODIFICATIONS
Under this contract, and subsequent Delivery Orders, the Contracting Officer is the only
Government official authorized to make changed via a Standard Form 30. Only a duly appointed
FEMA Contracting Officer is authorized to change the specifications, terms, and conditions of this contract and subsequent Delivery Order(s).
B.18 KICK-OFF/POST AWARD CONFERENCE/PERIODIC PARTNER MEETINGS
The Contractor shall participate in a kick-off meeting with the Government no later than ten (10) business days after contract award. The contractor shall provide key personnel with authority to make decisions and take responsibility of any actionable items as a result of the meeting. The
Contractor agrees to attend any post award meeting convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5.
The Contracting Officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor’s performance. At these meetings the contracting officer will apprise the contractor of how the
Government views the Contractor’s performance and the Contractor will apprise the Government of problems, if any, being experienced.
B.19 NOTIFICATION OF DEBARMENT AND SUSPENSION
The contractor shall provide immediate notice to the Contracting Officer in the event that the
Contractor or a subcontractor is suspended, debarred or declared ineligible by any Federal
Government Agency or Department, or upon receipt of a notice of proposed debarment from any
Federal Agency or Department.
B.20 DEFENSE PROTECTION ACT (DPA)
Delivery Orders under this contract may include a priority rating under the Defense Priorities and
Allocations System (DPAS) regulation (15 CFR, part 700). Contractors receiving a DPAS rated order are required to follow all provisions of the DPAS regulation. The priority rating will be identified in the Delivery Order proposal request and subsequent Delivery Order standard form issued.
The DPAS provides that DHS/FEMA contracts are assigned priority ratings to assure that these contracts are afforded service priorities ahead of unrated orders. Ratings will be assigned per individual Delivery Order. The Contractor is obligated to accept the rated order, to schedule services operations to satisfy requirements of each rated order, and to extend the priority rating to subcontractors to assure that the required services are performed.
The DPAS provides for two levels of rated order priority: “DX” and “DO”. The symbols “DX” and
“DO” are not acronyms for any terms. They simply indicate the level of priority. DX rated orders take precedence over DO rated orders and unrated orders (commercial orders without a DPAS priority rating). DO rated orders only take precedence as necessary over unrated (commercial) orders as necessary to meet delivery or performance requirements of the DO rated orders. All DX rated orders have equal priority with each other and all DO rated orders have equal priority with each other. DHS has eight DPA programs eligible for the Priorities and Allocations Authority (N-1 through N-8).
B.21 DISASTER ASSISTANCE ACTIVITIES
In accordance with FAR 26.2, Contractors shall give preference to the maximum extent feasible and practicable to local firms. Preference may be given through a local area set-aside or an evaluation preference.
SECTION C – CONTRACT CLAUSES
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporated one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text if a clause may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far//index.html
Number Title Date
52.202-1 Definitions Jun 2020
52.203-3 Gratuities Apr 1984
52.203-6 Restrictions On Subcontractor Sales to The Government Jun 2020
52.203-7 Anti-Kickback Procedures Jun 2020 52.203-12 Limitations on Payments to Influence Certain Federal Transactions Jun 2020
52.203-17 Contractor Employee Whistleblower Rights and Requirement To
Inform Employees Of Whistleblower Rights
Nov 2023
52.204-13 System for Award Management Maintenance Oct 2018
52.204-19 Incorporation by Reference and Certifications Dec 2014
52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters
Oct 2018
52.215-19 Notification of Ownership Changes Oct 1997
52.217-6 Option for Increased Quantity Mar 1989
52.217-7 Option for Increased Quantity – Separately Priced Line Item Mar 1989
52.226-8 Encouraging Contractor Policies to Ban Text Messaging While
Driving
May 2024
52.232-1 Payments Apr 1984
52.232-17 Interest May 2014
52.232-18 Availability of Funds Apr 1984
52.232-39 Unenforceability of Unauthorized Obligations Jun 2013
52.232-40 Providing Accelerated Payments to Small Business Subcontractors Mar 2023
52.233-1 Disputes Alternate I Dec 1991
52.233-3 Protest After Award Aug 1996
52.233-4 Applicable Law for Breach of Contract Claim Oct 2004
52.242-13 Bankruptcy Jul 1995
52.242-15 Stop – Work Order Aug 1989
52.243-1 Changes – Fixed – Price Aug 1987
52.246-2 Inspection of Supplies – Fixed Price Aug 1996
52.246-16 Responsibility for Supplies Apr 1984 http://www.acquisition.gov/far/index.html
52.247-34 F.O.B Destination Jan 1991
3052.222-
Strikes or Picketing Affecting Timely Completion of the Contract
Work
Dec 2003
3052.222-
Strikes or picketing affecting access to a DHS facility Dec 2003
C.2 52.211 LIQUIDATED DAMAGES-SUPPLIES, SERVICES, AND/OR DEVELOPMENT
(SEPT 2000)
(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $500.00 per calendar day of delay.
(b) If the Government terminates this contract in whole or in part under the Default-Fixed-
Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the
Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default-Fixed-Price Supply and Service clause in this contract.
(End of clause)
C.3 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES (NOV 2023)
(a)Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-
(1)Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act
(31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1)The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices.
An invoice must include-
(i)Name and address of the Contractor;
(ii)Invoice date and number;
(iii)Contract number, line item number and, if applicable, the order number;
(iv)Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v)Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi)Terms of any discount for prompt payment offered;
https://www.acquisition.gov/far/52.233-1#FAR_52_233_1 https://www.acquisition.gov/far/52.202-1#FAR_52_202_1
(vii)Name and address of official to whom payment is to be sent;
(viii)Name, title, and phone number of person to notify in event of defective invoice;
and
(ix)Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x)Electronic funds transfer (EFT) banking information.
(A)The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B)If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-
33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.
(C)EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2)Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.
(h)Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i)Payment.-
(1)Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2)Prompt payment. The Government will make payment in accordance with the Prompt
Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.
(3)Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4)Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-34#FAR_52_232_34 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://www.acquisition.gov/far/52.212-5#FAR_52_212_5 payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5)Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-
(i)Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-
(A)Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B)Affected contract number and delivery order number, if applicable;
(C)Affected line item or subline item, if applicable; and
(D)Contractor point of contact.
(ii)Provide a copy of the remittance and supporting documentation to the Contracting
Officer.
(6)Interest.
(i)All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the
Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii)The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii)Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–
(A)The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B)The Contractor fails to liquidate a debt previously demanded by the Contracting
Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C)The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7109&num=0&edition=prelim https://www.acquisition.gov/far/33.211#FAR_33_211 https://www.acquisition.gov/far/32.607-2#FAR_32_607_2
(iv)If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v)Amounts shall be due at the earliest of the following dates:
(A)The date fixed under this contract.
(B)The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi)The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-
(A)The date on which the designated office receives payment from the Contractor;
(B)The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C)The date on which an amount withheld and applied to the contract debt would otherwise have…
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